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San Francisco Taxicab Commission
MINUTES
Commission Chambers – Room 400
City Hall,1 Dr. Carlton B. Goodlett Place
June 13, 2006
6:30PM
Regular Meeting
Present: Gillespie; Kwok; McGuire; Smith; Paek
Absent: Breslin
PRESIDENT SMITH CALLED THE MEETING TO ORDER AT 6:35 P.M.
STAFF IN ATTENDENCE: Executive Director Heidi Machen, Jaime Poblitz – Taxi Commission, Sergeant Vincent Simpson – Taxi Detail
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL – Roll Call showed a quorum was present.
3. CONSIDERATION OF THE MINUTES for the May 23, 2006 TAXICAB COMMISSION MEETING [ACTION]
Commissioner Gillespie motions to approve the minutes. Commissioner Kwok seconded the motion. Motion passes 5-0.
AYES: Gillespie; Smith; Kwok; Paek; McGuire NOES: None
ABSENT: Breslin RECUSED: None
PUBLIC COMMENT
· MarkGruberg: Points out error in minutes on Item 10, forming a working group for taxi drivers health care plan. A motion to continue was made by Commissioner Gillespie for the Director to draft two resolutions for the next meeting which is tonight, and it is not on the agenda. Comments on meter rate and gate fees, item has been on the agenda seven times. Feels it is an abuse of authority by the President.
4. CONSIDERATION OF THE CONSENT CALENDAR [ACTION]
A. Commissioner Gillespie motions to approve 4A (Recommendation of the Taxi Detail for consideration of Public Passenger Vehicle Driver Permits). Commissioner Kwok seconded the motion. Motion passes 5-0.
AYES: Gillespie; McGuire; Smith; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
Approved Public Passenger Vehicle Driver Permits:
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Farah Abdi |
Kamol D. Akhmedov |
Salah A. Alserati |
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Rufus D. Ashford |
Ghan P. Dabadi |
Rebecca L. Danis |
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Abdo M. H. Dhaifallah |
Kevin P. Dickson |
Zaher I. Eyad |
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Dagnachew A. Fanta |
Michael A. Goodwin |
Gary B. Heil |
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Sam M. Htun |
Aziz M.K. Hugais |
Ahmed Kaci |
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Abylkhair Kadreshev |
Orville B. Largo |
Brandiwyne E. MacDonald |
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Zaw Min Maung |
Getinet F. Mulugeta |
Khaing O. Myo |
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Phillip T. W. Ng |
Rosimar B. Pinto |
Iranna G. Rampur |
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Raad J. Abu Shaer |
Rajinder Singh |
Peter K. Tam |
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Sin Hin Wong |
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PUBLIC COMMENT: No public comment.
B. Commission Gillespie motioned to approve 4B1 (Color Scheme Change for Medallion #1277). Commissioner Kwok seconded the motion. Motion passes 4-0.
AYES: McGuire; Smith; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: Gillespie
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Medallion Holder: |
Medallion #: |
Change: |
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1. Joseph Klebanov |
1277 |
Luxor Cab to Yellow Cab |
PUBLIC COMMENT: No public comment.
C. Commissioner Gillespie motions to approve 4C1 (Consideration to grant a time waiver to Kye Rorie). Commissioner Kwok seconded the motion. Motion passes 5-0.
AYES: Gillespie; McGuire; Smith; Paek; Kwok NOES: None
ABSENT: Breslin RECUSED: None
Approved Time Waiver:
1. Kye Rorie, List #6-402
PUBLIC COMMENT:
· Kye Rorie: I have requested a time waiver until the end of the year in order to qualify for the driving requirement.
· Commissioner Gillespie: Inquires on when Mr. Rorie received his A-card.
· Kye Rorie: In 1984 and I have been driving since then but I need extra time. Currently works for Luxor Cab.
· Commissioner McGuire: Inquires how many hours per year drivers need to complete to receive a medallion.
· Director Machen: It is 800 hours per year.
· KyeRorie: I took time off in 2006 because of Bill Sargis passing, I was filling in as a cashier.
D. Commissioner Kwok motions to approve 4D1 (Grant a Taxicab or Ramp Taxi Medallion Holder Permit). Commissioner McGuire seconded the motion. Motion passes 4-0.
AYES: McGuire; Smith; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: Gillespie
PUBLIC COMMENT: No public comment.
Commissioner Gillespie motions to approve 4D2 (Grant a Taxicab or Ramp Taxi Medallion Holder Permit). Commissioner Kwok seconded the motion. Motion passes 5-0.
AYES: Gillespie; McGuire; Smith; Kwok ; Paek NOES: None
ABSENT: Breslin RECUSED: None
PUBLIC COMMENT: No public comment.
Commissioner Gillespie motions to approve 4D3 (Grant a Taxicab or Ramp Taxi Medallion Holder Permit). Commissioner Kwok seconded the motion. Motion passes 5-0.
AYES: Gillespie; McGuire; Smith; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
PUBLIC COMMENT: No public comment.
Commissioner Gillespie motions the Commission staff to issue the next available medallion to Mr. Chan (Grant a Taxicab or Ramp Taxi Medallion Holder Permit). Commissioner Paek seconded the motion. Motion passes 5-0.
AYES: Gillespie; McGuire; Smith; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
Approved Medallion Holder Permits:
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Applicant Name |
Medallion# |
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1. Ken Ung |
825 |
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2. David A. Herman |
643 |
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3. Donald Templeton |
362 |
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4. Kenneth Chan* |
666 |
*Applicant does not accept medallion 666; applicant waiting till the next medallion becomes available. See notes at end of minutes for additional discussion.
PUBLIC COMMENT
· Kenneth Chan: Feels medallion number assigned to him, 666 is filled with negative connotations and he has been not sleeping well because of it. Requests Commission to offer him an option to receive a another number or the next one on the list.
· Thomas George Williams: Comments on medallion numbers and feels Commission should work something out for Mr. Chan.
Discussion ensued, including the following points:
· Commissioner Gillespie would like to accommodate Mr. Chan if possible but for tonight the Commission should approve his medallion. Motions to approve.
· Commissioner McGuire feels Commission can’t change the number and the applicant will have to wait for the next number.
· Commissioner Kwok suggests to ask Mr. Chan to accept the medallion now and in the future to create a number to replace 666.
· Commissioner Paek feels Commission should respect Mr. Chan’s request and figure out how they can accommodate him since it affects his livelihood.
· Commissioner Gillespie asks Sergeant Simpson about retiring a number.
· Sergeant Simpson references the Julie Day case where a zero was added to the medallion. In terms of medallion 666, he feels uncomfortable of adding because it is a three digit number. It is the Commission call if they want to accommodate this applicants request to wait for the next medallion number up.
· President Smith asks the City Attorney if Mr. Chan can give this medallion up for the next person on the list and he wait for the next number. Asks Mr. Chan what he would like to do.
· Kenneth Chan asks if he could have some time to think about it. Expresses to Commission how passengers do not want to get into the cab 666 especially at night. Commissioner Paek explains to Mr. Chan what decision he has to make.
· Commissioner Gillespie asks if Mr. Chan can postpone for two weeks to get medallion 1004 which is being surrendered.
· Kenneth Chan requests to give his decision at the end of the meeting.
E. Commissioner Gillespie motions to approve 4E (Request from medallion holder to surrender his medallion). Commissioner Kwok seconded the motion. Motion passes 5-0.
AYES: Gillespie; McGuire; Smith; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
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Medallion Holder |
Medallion # |
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1. John Hattan |
1004 |
PUBLIC COMMENT: No public comment.
5. PUBLIC COMMENT [INFORMATION AND DISCUSSION]
· Barry Taranto: Requests Commission to hold a hearing regarding the issue at 750 Kearny St. Discusses the need for more cab stands at the ballpark and the problem of illegal limousines. Budget should be allocated to pay taxi detail to enforce the limousines. Announces in July two days of soccer games at Monster Park and cab drivers should be informed of the business.
· President Smith: Asks if the commercial alley way could be used.
· Barry Taranto: A school is located there and parents need to pick up and drop off kids.
· Murai: Speaks on Proposition K and how is makes San Francisco so unique. Extreme disability needs to be taken into consideration but otherwise it is very fair and good.
· Norma L. Geer: Feels drivers are caught in the middle of Proposition K and drivers wouldn’t have waited to end up losing it in the end. Daly Ma legislation is moving the list along. Limousines need to be controlled.
· Ed Heely: Speaks on the increase of the illegal limousines especially a certain company with the number 1zz. Item should be placed on the agenda for discussion.
· Christian Lewis: Questions the legality of companies requiring deposits from drivers.
· City Attorney Tom Owen: It will be looked into.
· Ruach Graffis: Responds to Mr. Lewis. Drivers have been given their deposits back under the Tracy case against Yellow & Luxor, the only company that is allowed to require deposits is Desoto. Everyone else can charge a certain amount only after an accident. Gives personal incident of being picked by an illegal limousine.
· Steve Johnston: Gives handout on illegal limousines to Commissioners. Inquires why illegal taxis and limousines are allowed to operate in San Francisco.
· President Smith: Inquires on handout.
· Robert Cesana: Speaks on Tristan Bettencourt.
· Spanky Woods: Discusses illegal limousines, gives personal experience of the public trying to get a ride in his personal unmarked taxi.
· Thomas George Williams: Speaks on limousines with 1zz markings, feels action needs to be taken. Feels 750 Kearny St. issue should be placed on the calendar as well as the health care working group issue.
· Tariq Mehmood: Speaks on Proposition K and the difference of the two groups of the drivers. Medallion holders change attitude and go against other drivers. Medallions should have a limit of three years.
· Michael Spain: Speaks on the fuel efficiency of automobiles. Crown Victoria is the largest automobile on the road and is not fuel efficient. Feels taxi companies should be encouraged to purchase more fuel efficient cars by lifting the gate cap on those who purchase the vehicles.
· Tom Stanghellini: Speaks on taxi stands at hotels and how drivers are not allowed to pick up passengers. Discusses medallion holders who are driving consistently. Commends Commission on getting rid of people who are not cab drivers from the list.
6. STAFF REPORT AND COMMISSIONER ANNOUCEMENTS [INFORMATION]
· Executive Director, Heidi Machen gave an update on the meetings she attended and correspondence received and sent. Viewed SFPD Taxi Detail training video on illegal limousines.
Commissioner Announcements:
· Commissioner Gillespie gave an overview of his trip to the city of Chicago in discussing his experiences on hybrid taxis.
· Commissioner McGuire requests to calendar a discussion and possible action on restoring the cab stand at 750 Kearny St.
· Commissioner Kwok requests to calendar a discussion on color schemes that want to change dispatch service from one company to another, that it be approved by the Commission. Also they must provide enough parking spaces for the cabs to change shifts.
· President Smith request to calendar a discussion on the waybill policy and punishment of incorrect waybills. Waybills should be kept at the company and not be brought to the Taxi Commission office. Request to calendar a discussion on the DPT Hearing Officer and come up with a new system. Request to calendar a discussion to revisit the ADA modifications and who will give those modifications and what procedures will be used to get those modifications. Request to calendar to all Commissioners be notified of the impending disciplinary actions going before the hearing officer. Request to calendar that all Commissioners are notified of any correspondence before it goes out of the Taxi Commission office. Congratulated Vice President Breslin for being honored as one of the top 100 women in the Bay Area.
PUBLIC COMMENT
· Barry Taranto: Commends Officer Makaveckas for resolving the issue in front of 250 Beach St. which confirmed the cab stand so taxis are not kicked out. Discussed 750 Kearny St and the need for signage to be placed. Feels President Smith’s announcement on reviewing all correspondence is micro-managing, if there are any problems hold a closed session. Feels it is important to mention about hybrids and alternate funding.
7. TAXIS IN GOLDEN GATE PARK; RESOLUTION URGING CHANGE [DISCUSSION AND POSSIBLE ACTION]
Commissioner McGuire motions to approve Resolution #71 urging the Board of Supervisors to repeal part or all of San Francisco Park Code 6.09 pertaining to driving or parking taxis in San Francisco parks for the purpose of procuring customers; and urging Recreation and Park Commission to join the Taxi Commission in its appeal to the Board of Supervisors and in efforts to make taxis available to park visitors by issuing a permit for at least one taxi stand in the concourse area. Commissioner Gillespie seconded the motion. Motion passes 5-0.
AYES: Gillespie; Smith; Kwok; McGuire; Paek NOES: None
ABSENT: Breslin RECUSED: None
· Executive Director Machen: Introduced item to Commission stating that Commissioner McGuire had brought it to the Commission.
PUBLIC COMMENT
· Barry Taranto: Feels letter is well written by the Executive Director and urges the Commission to approve the resolution. Follow up should be made for response from Park and Recreation.
· Robert Cesana: Taxi drivers can be dispatched to the park. The Commission is not anticipating the changes of the public and how people don’t want to call cabs in central areas they would rather hail a cab. Companies do not offer a caller who uses a cell as a confirmed call because it is not a firm location. Public needs to be educated into flagging cabs and making it legal everywhere.
· Thomas George Williams: Explains to the Commission that in cities around the world many cab stands have a telephone attached to it directly connected to a company, feels it would be a good idea in general.
Discussion ensued, including the following points:
· Commissioner Gillespie feels the letter and resolution are well written and moves to adopt it. Also suggests to increase having more than one stand. Commissioner McGuire seconds it.
· Commissioner Kwok gives an idea to the Director to have a sign posted informing the public on how to retrieve a cab. Director Machen says she will work with Park and Recreation on the request.
· Commissioner McGuire thanked Director Machen for preparing the resolution. President Smith feels there should be three taxi stands in the park pertaining to Tea Garden Drive. Feels the Commission should go forth with the motion.
8. METER RATE AND GATE FEE ASSESSMENT FOR RECOMMENDATION TO BOARD OF SUPERVISORS [DISCUSSION AND POSSIBLE ACTION]
Commissioner Gillespie motions to continue. Commissioner Paek seconded the motion. Motion passes 4-1.
AYES: Gillespie; Smith; Kwok; McGuire; Paek NOES: Kwok
ABSENT: Breslin RECUSED: None
Executive Director Machen: Introduced item to Commission including draft legislation requested for consideration by President Smith.
PUBLIC COMMENT
· Barry Taranto: Inquires on the two drafts of legislation, feels the Commission should have time to review the draft and continue till next meeting. Drivers need a gas surcharge, business is not good therefore the gate should not be increased.
· Commissioner Kwok: Are you happy with the meter rate if it is separated?
· Barry Taranto: I think it’s great.
· Commissioner Gillespie: Item was introduced tonight and asked the President if item should be continued till next meeting also since Vice President Breslin is not present.
· CommissionerPark: I agree to continue with Commissioner Gillespie.
· President Smith: Is for a continuance but would like to hear public comment. If you speak tonight you will be able to speak at next meeting.
· Commissioner McGuire: Would like to separate item and vote on it tonight. Give the drivers a $1.00 increase, raise the meter to $3.85 drop, and eliminate the 2nd part of this which is raising the gate fee.
· Commissioner Gillespie: Does not want to get into the details and does not want to deal with such a major item on the night the Commission sees it. Motions to continue.
· Commissioner Paek: Seconds motion.
· Mark Gruberg: Legislation is being presented as a general meter increase which means drivers are not getting a gas surcharge. Cab Companies do not need a gate increase. President Smith requests not to discuss companies. Mr. Gruberg explains himself and requests his time to be extended for speaking. President Smith denies this request.
· Michael Spain: Favors a dollar on the drop and expresses it should not be disguised as a gas surcharge but as an increase in the meter rate, also should reflect a cost of living. Rates and gates need to go forward together which is necessary for its survival.
· Robert Cesana: Agrees with Commissioner Gillespie on the lack of notice of material. This item has come up eight or nine times, idea of a gas surcharge is more than a year old. Speaks on gate fee and cost for companies. Commissioner Kwok inquires to the cost of worker’s compensation and insurance overall.
· Thomas George Williams: Insurance costs are going up because of accidents and limousines. Does not agree with increased the gate fee.
· Carl Macmurdo: Long term lease needs to be included in legislation. Gas is very high in the Bay Area and drivers need an income boost. The Tony Hall rates and gates legislation dictates that the Controller’s do a CPI adjustment but there is a loop hole. Company’s profit margins are low. Agrees with the legislation and hopes it comes back the way it is next meeting.
· Tariq Mehmood: Where did the $99.00 gate fee come from, did the companies make an official request? Speaks on the issue of hybrids and companies.
· Ruach Graffis: Drivers are hurting and not making enough money. Does not agree with the $ 99.00 gate fee and it should be voted down.
· Jim Gillespie: Speaks for Yellow Cab and expresses how the profits are not there for the company. They have bought 25 hybrids vehicles and are putting in a CNG gas station. Supports the joint legislation.
9. CONSIDERATION OF FINAL DECISION BY EXECUTIVE DIRECTOR REGARDING RECOMMENDATION SUBMITTED BY THE TAXI COMMISSION HEARING OFFICER FOR LACHEN CHNAF (BADGE #54790) WITH CONSIDERATION OF PERMANENT REVOCATION OF PUBLIC PASSENGER VECHICLE DRIVER PERMIT AND PENALTY FINE. [ACTION]
Commissioner Gillespie motions to approve Resolution #72 of the revocation of driver permit and penalty fine for Mr. Lahcen Chnaf. Commission McGuire seconded the motion. Motion passes 5-0.
AYES: McGuire; Smith; Gillespie; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
· Director Machen: Introduces Item to the Commission.
· Sergeant Simpson: Gives history of hearing and complaint against Mr. Chnaf to the Commission.
PUBLIC COMMENT:
· Tariq Mehmood: Feels Mr. Chnaf should be fined but should not have his A-card revoked.
· Commissioner Kwok: Asks Mr. Mehmood if he feels the Commission should take a strong action to set an example since this person committed a crime.
· Tariq Mehmood: Believes he should be punished for what he did but feels he didn’t do such a bad crime to have his A-card revoked. He just tried to make a few more dollars.
· Thomas George Williams: Agrees with Tariq since he saved paying high gates. He should be punished and pay the fines but not have his A-card revoked.
Discussion ensued, including the following points:
· President Smith says if you read the report you would know this person had his own telephone line and has gotten caught a few times. Would like a motion.
· Commissioner Gillespie moves to adopt the recommendation. Commissioner McGuire seconds motion.
· Commissioner Paek agrees with recommendation and votes to revoke his A-card.
10. RESOLUTION SUPPORTING MAYOR NEWSOM IN HIS REQUEST FOR THE ALLOCATION OF NEARLY $22 MILLION FOR STREET IMPROVEMENTS. [DISCUSSION AND POSSIBLE ACTION]
President Smith motions to approve Resolution #73 supporting Mayor Gavin Newsom’s proposal in increase street-repair funding and urging the San Francisco Board of Supervisors to favorably consider it. Commissioner Gillespie seconded the motion. Motion passes 5-0.
AYES: McGuire; Smith; Gillespie; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
· Executive Director Machen: Introduced item to Commission on behalf of request made by Commissioner McGuire.
PUBLIC COMMENT: No public comment.
Discussion ensued, including the following points:
· Commissioner Paek supports resolution and would like to write a letter in support.
· Commissioner Gillespie also supports resolution and moves to adopt the resolution. Commissioner McGuire seconds motion. President Smith supports resolution as well and motions to approve. Commissioner Gillespie seconds motion.
11. RESOLUTION RECOMMENDING SUPPORT OF AB2600 IN EXTENDING HOV LANE PRIVILEGES TO INHERENTLY LOW EMISSION VECHICLES (ILEV). [DISCUSSION AND POSSIBLE ACTION]
Commissioner Gillespie motions to approve Resolution #74 recommending support by the State Legislation Committee and the Board of Supervisors for California Assembly Bill AB2600. Commissioner Paek seconded the motion. Motion passes 5-0.
AYES: McGuire; Smith; Gillespie; Kwok; Paek NOES: None
ABSENT: Breslin RECUSED: None
· Executive Director Machen: Introduced item to Commission.
PUBLIC COMMENT: No public comment.
Discussion ensued, including the following points:
· Commissioner Gillespie moves to support the item. Commissioner Paek seconds motion.
· Director Machen announces discussion of consent calendar item 4D if applicant Ken Chan would like to accept medallion #666 or wait for medallion #1004.
· Kenneth Chan prefers to wait for the next medallion number.
12. ADJOURNMENT
Meeting adjourned at 9:05pm.
Respectfully Submitted,
Jaime Poblitz
Executive Secretary
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